What is a No-Fault Divorce in New York?

Posted By Haddad Law Office, P.C. || 28-Jan-2016

In some states, divorce may only be granted if one party has done something
to cause or contribute to the failure of the marriage – this is
called a fault-based divorce. In recent years, however, many states including
New York have adopted no-fault divorce laws, which allow couples to divorce
if the marriage has broken down irretrievably.

For the experienced and compassionate representation you need, call our
firm today at (315) 505-8176.

The Requirements For a No-Fault Divorce

Although the requirements for no-fault divorces are less than for a fault-based
divorce, there are still some restrictions as to who will qualify. In
New York, your marriage must have been broken down irretrievably for at
least six months prior to filing for divorce. This does not mean you have
to be legally separated first, nor do you have to be living apart.

Just as with any other type of divorce, there are some residency requirements
as well. New York has a variety of conditions under which you may qualify,
so you’ll want to talk to an experienced Syracuse divorce attorney
who can help you understand your options.

How Are Child Support & Alimony Determined?

Issues of child support and alimony are important aspects of any divorce
case involving children. Currently, a child support percentage is determined
based primarily on the combined income of both parents and the number
of children being supported. This percentage is used to determine a dollar
figure, which is then pro-rated against the income of each parent. This
can get very complicated, which is why it is always best to consult with
a Syracuse divorce lawyer.

Spousal support is a completely different animal, and is based on the needs
of the spouse who is requesting it, as well as the ability of the other
spouse to make such payments. There are actually two different types of
spousal support – temporary maintenance, which is paid during the
course of the divorce proceedings, and permanent alimony, which is paid
for a fixed duration of time after the divorce is finalized. As with child
support, these calculations can be very complex and can vary from case to case.

Wondering how child support and spousal support will be calculated in your
case? Contact our firm today for an
initial case evaluation.